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HomeMy WebLinkAboutLand Developments_American Oil - St. Ck. & Hwy 9 - 06.07.1965 American Oil - St. Ck. & Hwy 9 _ M040,t <<A i9XEMT ,lade Wand entered Into this � �� daffy` or 15654 by and between C OIL COMP A�Y ti Corporation, hereinafter referred to as " 1Q, and 4. C JI RTITiO, a mun c1pal corporation of the State of California, P J hereinafter referred to as ffCIWfa. WITHESSETH : - WHEREAS, the OWNER is requesting app roval for the change of use of land within the CITY, and is securingbuilding a g permit from CITY to construct and maintain a commercial enterprise; and WHEREAS, CITY will consider approval of such change in use of land and Issuance of the building permit on the agreement that 4 OWNER will construct curb, gutter, sidewalk, and paving of SARATOGA- SUNNYVALE ROAD AND STEVENS CREEK BOULEVARD in accordance with the approved improvement plans and in accordance with the terms contained herein, as well as other conditions as adopted by CITY, and as well as other conditions as may be required by the City Engineer of CITY; f, now, therefore, IT IS HEREBY AGREED by and between the parties hereto as k follows, to wit: (1) OWNER agrees to convey or cause to be conveyed to CITY for roadway purposes, free and dear of any and all encumbrances, a strip of land fifteen feet (1,,t) wide lying adjacent to and north of Stevens Creek Boulevard and a strip of land twenty .feet (20t) wide lying adjacent to and westerly of Saratoga-Sunnyvale Road, all for Y 17777­ the full length of OWA property, and t '! gees to have executed �y ciao deed and have executed the release of and all encumbrances $W. agldnst said 0trips of property, when so r"Posted by, Mr. 421, Ves to construct sta�%da�! curb,,; gutter, sidewalk, , and shall adnstziuct City Special Street Seetidneonsisting of twelve ehes ,(22"). of aggregate °baste and four Inches `o; asphalt con fr, c:rete surface for the entire area 'between the edge of pavement on the north side of Stevens Creek Boulevard and the lip of the proposed gutter all for the erE;ire length of ©WNEVS property along Stevens Creek Boulevard, as specified on the approved improvement plans, and OWK 1 agrees to construct standard curb, gutter, sidewalk and shall construct City Special. Street Section consisting of twelve inches (12") of aggregate base and four inches (.4") of asp.'lalt con- crete surface for the entire area between the edge of pavement on the west side of Saratoga-Sunnyvale Road and the lip of proposed gutter all for the entire length of OWNERtS property along Saratoga-Sunnyvale Road. The said improvements shall be constructed in accordance with the Star:dard Specifications of CITY, and shah be constructed under the inspection of and to the approval of the City Engineer of CITY, (3) It is further agreed that OWNER shall further construct any and all other improvements, as shown on the approved improvement plans, including CITY standard electroliers, and storm drainage facilities, in accordance with -the standard specficatior..3 of CI`I`Y and to the satisfaction of the City Engineer. d< • . N x; It is Further reed that all of said _... ; improvewnts Sha, ] w ` . leted within twelve 12) mc;nthA from 'the aOte first above Vi :a eA r +' l however, in the commutation of said twelvemonth �e erl*d, delays due to or caused by Acts-.,of God, via, major strike or other delays beyond the control of the O'WM, shall be excluded. s. It is a resell understood and$P �' agreed that if Gam, shall Pail #: implete work. required by t2�is Agreement within said period of x twelve (12) months of the date hereof, the CITY, after giving ten : 10) drys written notice thereof to the OWNER may complete the same and recover the full cost and expense thereof from the OWNER, (5) It is further agreed that OWNER shall file with CITY a bond in the amount of NINE THOUSAND TWO HUNDRED DOLLARS ($q,200.00) to insure full and faithful performance of the construction of all of the aforementioned inT)rovement: work and a. bond in the amount of MINE THOUSAND TWO HUNDRED DOLLARS "$9,200.O0) , to insure for labor and materials for said work. (6) It is further agreed that OWNER shall have deposited with 4 CITY, prior to executlon of this Agreement, for office checking of 'x improvements and all necessary direct expenses incurred by CITY in N, connection with said improvements, the sum of F'Yu'R HUNDRED FIFTY FOUR DOLLARS ($454.00) . Should construction costs vary materially from the est:�mate from which said sum is calculated, the City Engineer shall notify OWNER �,Z any additional sums due and owing as a result , thereof. {; It is further agreed that OtR shall pay to CITY, prior to execution of this Agreement, indirect expenses allocable to pro- ceasing this improvement, the sum of SIXTY-EIGHT DOLLARS ($68.00) . u •f 77411 y �� It,,is f urtk r -agreid that OWM� shall pay to C 1 ' pft,6r e�ecixtion of thit 'AgrdeuOdt thims rm dea n:cbSr9,es, iwconnedtlon F itt the proposed commercialenterprise; in accordance olth the re e- F , 'menu established by So-,Also n 1.,]Q,:5 of Ordinance 47 .t evised 12./;*/6iy, TM DMa MARS @OOy (9) It is further agreed that OWMR shall deposit with City, upon execution of this Agreement, the amount of ONE HUNDRED DOLLARS ($100.00) as a Developme.nt MaLcitenance Deposit to insure proper dust control ar.4A cleaning during construction period. Unused balance to be returned after acceptance of improvements by CITY. (10) It is further agreed that UdNER shall pay any and all fees required by the Pacific Gas and Electric Company for installation, testing, and connection of underground wiring circuit to all c :ctroliers as shown on said approved improvement plans, when OWNER is notified by either the City Engineer or the Pacific Gas and Electric Company that said fees are due and payable. (11) It is further agreed that the OWNER shall file with the CITY upon execution of this Agreement, a letter from the Central Fire Protection District of Santa Clara County, stating that the OWNER has entered into an agreement with and deposited all necessary fees with said! District to insure installations and five (5) year rental fee of all fire hydrant's as required by said District. (12) It is further agreed that OWNER shall file with CITY, upon execution of this Agreement, a letter from the Cu=prlrtino Sanitary District stating that the OWNER has entered into a separate agreement with said District to install sanitary sewers to serve OWNER'S property. -4- Y 7`77y a l zG to f' agreed that shall carry out any and 1 tiations with all n res,�ed part�.as, and performs or cause to be performed, at has awn toot and expense, any, and all work of construction required to Vaise, lover, relocate, or otherwise modify any irrigation line or lines and/or waterline or linos and appura tenances and/or any public utilities existing on any portion of OWNERZS lands or wLthl•n the existing and./or future public right of way upon which the improvements are to be installed. (14) It is further agreed that OWNMR shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the CITY and to the entire satisfaction of the CITY all defects and imperfections Prising out of or due to faulty workmanship and/or materie2c appearing in said work within a period of one (1) year after date of final completion and acceptance. (1.5) It is further agreed that OWNER shall indemnify and save harmless the CITY, the City Council, and the City Engineer, and other officers or employees of the CITY from any suits, claims, or actions brought by any persons for or on account of any injuries or damages to persons or property sustained or arising in the construction of the work due, to any acts, omissions or negligence of the OWNER, his officers, agent, employees, or contractors. OWNER shall carry Public Liability and Property Damage Insurance in an amount reasonably neces- sary to cover any risk. OW-fM shall file a certificate evidencing same with CITY. (16) It is further agreed that the above named terms and conditions shall bind the heirs, successors, administrators, or k f K r . h as'SII of 4t , and that , Lro �?t�o�essors grid assigns shall, abide ,by' all ordinance I � .4ls1 f .l f of -and effect W' the ti ear the 4t t ex ' provided to be d6ne°.r t The assignment of tP .� r t shy not etc made without ... approval by City Council of OX& IN VIMSS WHEREOF, CITY has caused its name to hereunto be affixed by its Mayor and City Clerk., thereunto duly authorized by resolution of the City Counc.11, 'e d OWHER has heteun. to caused his name to be affixed the day and year first above written. CITY OF) By �, f 1 , �--�.- City Clerk OWNER: AMERICAN OIL COMPANY, A Maryland Corporation By Title By Title APPROVED AS TO FORM CRY ey -6- FAIMM MFORMCF, AND coMarnoN IMPRoVEMM Bo.ND (SUMIRSTOn rovements KNOW ALL MN BY 'THESE PRESMITSO That we, and aa=rAtjan—� as PrInelpal aF3 MR—ow i MEN WNW ME- ure y are Reld and f irMly bound un o e yoi, Gulpertino, ate of Cali fornia, in the sum of �p.gp Dollars t ]Lawful Money of the United States, for the payment of which will and truly to `be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE COMoo#1 of the foregoing obligation is such that, W .AS, said Principal will perform all necessary improvements relative V3 Commercial Site located_Mr_t,hWgpt g2== &1jMjg&A=&MW.Ugjd. in accordance with the approved Improvement Plans prepared by_ 31dney..R.. ,Mabel' Civil Engineer on file in The Engineer's Office, City of Cupertino, WHEREAS, Improvements shall be completed within one (1) year from the date of .Acceptance of this bond by the City Council. WHEREAS, Improvements shall be maintained for a period of at least one (1) year after acceptance of construction by the City. This bond shall be in full force and effect through the period of maintenance as provided in said contract. The maintenance period shall continue until such time that all deficiencies of construction are corrected to the satisfaction of the City Engineer's Office. NOW, THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations as set forth above, on its part to be done and performed at the time and in the manner specified therein, then this obligation shall be null and void; otherwise this bond shall remain in full force and effect. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this 14 day of May , 19 65 AMERICAN OIL COMPANY (To be signed by ��•. ,/.� Principal and Surety Principal and acknowledgment W ii WXNW. RErIMNA0 1j • and notarial seal attached) SEABOARD SUREr t COMPAW ure y e By orney- n- ad - Janet Sauter The above bond is act,pted and appxove� �h s ., ay of i9 � l I xai=. ,k mow' a s _ ,r ``+` l 3' :r;r'_ 1 r a •r ;,... . *vie. Y Z, in ys ; •r` p`y 3 ). . y w k ✓, i sta i"t. - SEABOARD S F-71r COMPANY • N.Y. of Anonn Ims l *tot . The SEABOARD SURETY COMPANY, a corporation of that State of New York, has made, constituted and appumted and by these presents does make, constitute and appoint 'T r its true aced lawful AttorneY4n-Fact, to make, exacute and deliver, on its behalf as Surety, bonds, under- taidugs other obligatory instruments of similar nature as follows: '1 Itb t-at ims Such bonds, undertaE,rgs and obligatory instruments for said purposes, when duly executed by the afore- said Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if such bonds, undertakings and obligatory instruments were signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of sacs.' Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 19V, and are still in full force and effect: ARTICLE VI, Paragraph 6.7: "Attorneys-in-Fact may be appointed by the President or a Vice-President upon such terms and with such pourers and duties as he may prescribe." ARTICLE XI, Paragraph 11.1: "All policies, bonds, recognizances, stipulations and all underwriting undertakings shall be valid: (a) when signed by the President, or a Vice-President, or a Resident Vice-President, and by a :secretary, or an Assistant Secretary, or a Resident Assistant Secretary or other duly authorized official or agent of the Com- ps ay; or (b) when executed by an Attorney-in-Fact." in 10lttteso Wherraf. SEABOARD SURETY COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed and duly attested by its Assistant Sec- retary, this.._.. -- ..6.twa.._-----day of---.— _....�_��.L____ —.---.,.._.-, 19-._.._�-°p, Attest: SEABOARD SURETY" COMPANY, By (Seal) - ..._..... ........I-1 31 inn.,14:�1le—r........----- W. S. Wehre l Assistant Secretary Vice-President STATE OF NEW YORE ss.: COUNTY OF NEW YORK On this-_... filih...._..__.._...day 19, §�, before me,personally appeared __... _._.___._. ...-.. .�._. a ._.. __ _ ._ .______ ._. .. .....Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted., who, being 16Y me d*alb• sworn, said that he resides in the State of., .Xakr._JeXS.ey- .. _.- .__.._.,; that he is Vice-President of SEABOARD SURETY COMPANY, the corporation described in and whi� h executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-President of said Company by like authority. (Seal) State of N y York Notary Public STATE OF NEW YORK WC,. 03-€& ' quali led in ?drop Cmaty COUNTY OF NEW YORK C.eTtif:11 filed La Now York County Camd8siou gXpires March 30 I.966- r Killer__..._._.._...._...__. ..-.�.� _ Asst. Secretary of SEABOARD SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said SEABOARD SURETY C MPA:NY, which is still in full force and effect. ' In $ Umm Wirrgf. I have signed this certificate at New York, Ne rk, this 14 day of 65 -A"t=t Secretary rw=W HAM,!tom t fi A. s No. 663384 •{ - x iD AM MATEMAL POSE!' ivi grove s) . - 1 the City of Cupertino, State of California, and „. nOrCUlartOV eat as e:p ve en ere i n yr aa:�e a u y.. to e-at4w Into a contract providing for the installation, construction, erection by Principal of certain improvements more particularly described in sgdd eonta t; and said Principal is required to furnish a bore in connee- With said Contraet, providing that if said Principal,, or any of or its SOMatractors, shall fail to pay for d.,,y materials.. pro- loons, proms or other supplies or teams used in, upon, for or 2bDUt t O. ce of the work contracted to be done, or for any Vk or labor done thereon of any kind, the surety on said bond shall t $aft to the extent hereinafter set forth; NOW µr .0 we, the Principal, and } Sure@ 8, firMy bind oui a ves, our executors, a • is rators, suc- cessors and assigna, jointly and severally, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations fur- nishing materials,, provisions, provender or other supplies used in, upon, for or about the performance of the aforesaid work contracted to be executed or performed under the contract he:reinabove mentioned, and all rersons, companies or corporations lending or hiring teams, imple agents or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full sum of TWO MaWRM q ae DU THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any cork or labor thareon of any kind, or for amounts due unde^ the Unemployment Insurance Act with respect to such work or labor, then sated Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons com- panies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procea.<re, so as to give a right of action to them or their assigns in any suit brought upon this bond. Ard the said Surety, for value received, hereby stipulates, and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, aiui it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this intrument has been duly executed, by the Principal and Surety this -__14 day of ata► 3.9 65 1AMMCAN OU COWANY (To be signed by 8 Principal and Surety f and acknowledgmentPr c ps1 Ri REr11 d4�4;r4 and notarial seal thMOARD SURM COWANY attached) =e_y By s o . .to ar:ey -Fact iaanet Sauter Thq, above bondIs acp ` 9wd,'aka s day of V" -0i I I RM I N SZXBOARD StMF- COMMNY �r ate. Room ovVics Me aM . 3&XY _ rof gum >ll Alm by 14m fminpub.- That SEABOARD SURETY COMPAIN a', a corporation of the State of New Yotia, has made. constituted and appointed and by these present) dues crake, constitute 4:. and appoint jan8t GOUVW0 a.. " Low Anp2ma Ifammfts its true and lawful Attorney-iv-Fact, to make. execute and deliver, on its behalf as Surety, bonds, under- takings other obligatory instruments of similar nature as follows: Witi m e $sll dtatio. a Such bonds, undertakings and obligatory instruments for said purposes, when duly executed by the afore- said Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if such { bonds, undertakings and obligatory instruments were signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 19V, and are still in full force and effect: ARTICLE VI, Paragraph 6.7: "Attorneys-in-Fact may be appointed by the President or a Vice-President upon such terms and with such powers and duties as he may prescribe." ARTICLE XI, Paragraph 11.1: "Ali policies, bonds, recognizances, stipulations and all underwriting undertakings shall be valid: (a) when signed by the President, or a Vice-President, or a Resident Vice-President, and by a Secretary, or an Assistant Secretary, or a Resident Assistant Secretary or other duly authorized official or agent of the Com- pa1y; or (b) when executed by an Attorne7-in-Fact." In Of urso 9hireaf. SEABOARD SURETY COMPANY has caused these presents to be signed by its v Vice-President, and its corporate seal to be hereunto affixed and du attested by its Assistant Sec- retary, this.....__ ._.$V4 _._.day of._.___.. ____. A,rjri lc}_. �� Attest: ;,FABOARD SURE.T'i COMPANY, By (Seal) .__...__........_._ '� �' ,� __.. 7i. j. W(.h Bll Assistant Secretary Vice-President STATE OF NEW YORK COUNTY OF NEW YORK ss.: On this-......l�tfrl._._..__._day of.._._. .._ ._. ... p'�z � ------- __-_.._, 19_.62 before me personally appeared ' " '•.. '�� Vice-President of SEABOARD SURETY _._ _ CORiPANY, with whom 1 aru personally acquainted, who, being by: me duly sworn, said that he resides in the State of.. .-Now_ cr vy. ___....; that he is Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Beard of Directors of said Company; and that he signed his name thereto as Vice-President of said Company by like authority. (Seal) Starve of Novork Notary Public STATE OF NEW YORK No. 03�-f611400 Qt lified in Brom County COUNTY OF NEW YORK � ss.: Gertifi.ca file, in Dew York Counter Commiselou Expires Mareb 30, 1966. .Asst. Secretary of SEABOARD SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said SFABOARD SURETY CG Iti PA N Y, which is still in full force and effect. III MltMM Wrtat. I have signed this certificatc at New York, Ne rlc, this.. 10 ._.._day of r I � i tSecretary ��. � ,e► � y�as�..tsss Y� r r y t x,.